Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Georgia law, when a probate court issues an order removing a personal representative (formerly called executor or administrator), the removed representative or any interested party can appeal the decision to the superior court. The appeal proceeds as a de novo hearing, meaning the superior court will make its own findings of fact and conclusions of law rather than merely reviewing the probate court’s ruling.
Who Can Appeal? Anyone with a direct stake in the estate may appeal. This includes the removed personal representative and heirs, creditors, or other beneficiaries as defined by O.C.G.A. § 53-1-2.
Deadline: You must file a notice of appeal in superior court within 30 days of the probate court’s order. Georgia law does not extend this deadline, so mark your calendar immediately.
Steps to File Your Appeal
- Obtain the Order: Request a certified copy of the probate court’s removal order.
- File a Notice of Appeal: Submit this in the probate court and a copy in the superior court of the county where the estate is probated. Include case name, order date, and relief sought.
- Pay Fees & Post Bond: Pay the superior court filing fee. If required, post an appeal bond to protect estate assets (O.C.G.A. § 53-3-13).
- Serve All Parties: Deliver the notice of appeal and supporting documents to heirs, creditors, and interested parties.
- Prepare for De Novo Hearing: Gather evidence, witness statements, and affidavits. The superior court will consider all evidence afresh.
Key Statutes:
- Removal procedure for personal representatives: O.C.G.A. § 53-3-31.
- Appeals from probate court to superior court: O.C.G.A. § 15-9-70.
Helpful Hints
- Calendar the 30-day appeal deadline immediately to protect your rights.
- Consider hiring an attorney experienced in Georgia probate appeals.
- Maintain organized copies of all court filings and proof of service.
- Review the full probate court record before preparing your appeal.
- Be ready to present witnesses or affidavits at the superior court’s de novo hearing.